| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Thoroughgood v. Anderson |
5 Harr. 97 (October 01, 1848) |
1848 |
Covenant will not lie in this state, on a contract to be performed in Pennsylvania, with a scrawl and the word seal in the locus sigilli, tho', by the law of that state, this constitutes a... |
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Trial Court Orders |
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| Torrey v. Grant |
10 Smedes & M. 89, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Under the statute of this state which prohibits the taking, directly or indirectly, for any contract, bond or note for the payment of money, founded on any bargain, sale, or loan of wares and merchandise, goods and chattels, lands and tenements, or any use or occupation thereof, more than eight per cent. interest, a sale of a tract of land and... |
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Cases |
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| Townshend v. Townshend |
7 Gill 10, Court of Appeals of Maryland (December 01, 1848) |
1848 |
Caveators who are the assailants of a will, and the actors who originated a petition to prevent its being admitted to probate, their allegations of fact being controverted, are entitled to be placed upon the record in the attitude of plaintiffs, and are therefore entitled to open and conclude the argument before the jury empannelled to try the... |
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Cases |
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| Trippe v. John |
15 Ala. 117, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Perry. Before the Hon. S. Chapman. |
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Cases |
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| Trotter v. White |
10 Smedes & M. 607, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Under the foreign attachment law, (How. & Hutch. 520, § 63,) where there is a bill pending in equity against a non-resident defendant, who is indebted to the complainant, and a home defendant who has effects in his hands of the non-resident, upon the affidavit of the absence of the non-resident and of the indebtedness, the court may make an... |
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Cases |
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| Tubbs v. Williams |
9 Ired. 1, Supreme Court of North Carolina (December 01, 1848) |
1848 |
It is provided by the bankrupt act, that, under a commission against the principal, a surety may prove the debt, and the certificate is a discharge of the principal, from the cause of action or claim, as well of the surety, as of the creditor; so that if Tubbs, the surety, was living, and had been forced to pay the debt, he could not recover from... |
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Cases |
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| Turner v. Chambers |
10 Smedes & M. 308, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The remedy to enforce the right of creditors to pursue the estate of the testator in the hands of legatees, after the executor or administrator has assented to the legacies, is in equity to compel them to refund. T. administrator de bonis non, c. t. a., of B., deceased, who had paid certain debts of the testator out of his individual funds, filed... |
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Cases |
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| Turner v. Second Municipality of New Orleans |
3 La.Ann. 315, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the Fourth District Court of New Orleans, Strawbridge, J. |
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Cases |
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| Turnipseed v. McMath |
13 Ala. 44, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to Pickens Circuit Court. Before Hon. G. W. Stone. |
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Cases |
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| Tuttle v. Rembert |
33 S.C.L. 270, Court of Appeals of Law of South Carolina (January 01, 1848) |
1848 |
It is no defence to an action on a bond or note, that it is made payable to a married woman; nor can that objection prevail against a covenant made with a married woman by indenture, although it contain covenants on her part. A bond or covenant to a married woman will survive to her, if it be not assigned or reduced into possession by the husband,... |
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Cases |
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| Twidy v. Saunderson |
9 Ired. 5, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The case, as made up, presents but two exceptions on the part of the defendant: one as to the admissibility of parol evidence; the other, as to the form of action; and this Court is necessarily confined to these two questions, for it is to be taken for granted, that the case was made up in reference to these two questions alone. When parties reduce... |
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Cases |
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| U.S. v. Brown |
24 F.Cas. 1245, Circuit Court, ED Pennsylvania (January 01, 1848) |
1848 |
Decided by GRIER, Ciecuit Justice. Nowhere more fully reported; opinion not now accessible. Cited in 1 Brightley, Dig. 809, to the points above stated. |
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Cases |
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| Union Bank of Louisiana v. Marin |
3 La.Ann. 34, Supreme Court of Louisiana (January 01, 1848) |
1848 |
Appeal from the Fifth District Court of New Orleans, Buchanan, J. |
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Cases |
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| Union Bank of Tennessee v. Govan |
10 Smedes & M. 333, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Where a party to a negotiable paper, before its maturity, has changed his residence, and his removal is known, notice should be sent to him at his new place of domicil, if known, or if by reasonable diligence and inquiry it can be ascertained; but this rule presupposes knowledge of the removal; without such knowledge, notice, it seems, to the... |
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Cases |
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| Union Bank v. Smith |
3 La.Ann. 147, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of Pointe Coupée, Farrar, J. |
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Cases |
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| Valega v. Broussard |
3 La.Ann. 145, Supreme Court of Louisiana (February 01, 1848) |
1848 |
Appeal from the District Court of West Baton Rouge, Voorhies, J. |
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Cases |
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| Vanbibber v. Sawyers |
29 Tenn. 81, Supreme Court of Tennessee (September 01, 1848) |
1848 |
It is well settled that a purchaser at a sale made by a master, under the decretal order of a court of chancery, thereby makes himself a party to the proceedings in the cause, for some purposes, though not a party originally, and subjects himself to the summary power of the court, in the exercise of its inherent jurisdiction, to enforce and give... |
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Cases |
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| Vance v. Crawford |
4 Ga. 445, Supreme Court of Georgia (May 01, 1848) |
1848 |
[1.] On appeal trials it is competent for the Court to permit either party to amend, even after the cause has been submitted to the Jury. [2.] The next of kin, as such merely, are entitled of common right, to call for the proof, in solemn form, of the Will of the deceased. And the mere acquiescence of the next of kin to the probate being taken in... |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Vannerson v. Culbertson |
10 Smedes & M. 150, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
The great rule of interpretation of wills is, that the intention of the testator must be ascertained from the language employed, and must be carried into effect if not inconsistent with the rules of law. In seeking for the intention, words are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another, can... |
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Cases |
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| Vaughan v. Christine |
3 La.Ann. 328, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of East Baton Rouge, Burk, J. |
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Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Villard v. Robert |
21 S.C.Eq. 40, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
A guardian will not be permitted to expend upon the maintenance and education of his ward, more than the income of the estate, without the sanction of the Court. |
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Cases |
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| Wallace v. Craps |
34 S.C.L. 266, Court of Appeals of Law of South Carolina (November 01, 1848) |
1848 |
The object of recording is to give notice; therefore where the creditor had notice of a deed, that shall stand in the place of recording. The notice which will stand in the place of recording must be, not necessarily a knowledge of the entire contents of the deed, but an explicit notice of its existence, such as the creditor would have had if the... |
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Cases |
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| Wallace v. Craps |
33 S.C.L. 452, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
Where the charges, in a suggestion of fraud against an applicant for the benefit of the Prison Bounds Act, were not sufficiently specific, and the evidence adduced in support of them was not sufficient to sustain the verdict of the jury; the Court ordered a new trial, without prejudice, with leave to the plaintiff to move to amend before the... |
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Cases |
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| Warnock v. Smith |
14 Ala. 156, Supreme Court of Alabama (January 01, 1848) |
1848 |
Writ of Error to the Circuit Court of Benton. Before the Hon. G. W. Stone. |
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Cases |
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| Warren v. Hall's Adm'r |
8 B.Mon. 223, Court of Appeals of Kentucky (January 21, 1848) |
1848 |
Executors. Heirs. Execution sales. Frauds. ERROR TO THE SCOTT CIRCUIT. Case stated by reference to 6 Dana, 450. THIS case has been heretofore in this Court. The opinion then given is reported in 6 Dana, 450. It contains a statement of the facts and proceedings in the cause up to that period. On its return to the Court below, it was again tried, and... |
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Cases |
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| Waters v. Grayson |
3 La.Ann. 595, Supreme Court of Louisiana (October 01, 1848) |
1848 |
Appeal from the District Court of Caldwell, Barry, J. |
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Cases |
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| Watkins v. Flora |
8 Ired. 374, Supreme Court of North Carolina (June 01, 1848) |
1848 |
A testator devised certain lands to his wife during her widowhood, and after her marriage or death, to his wife's heirs by consanguinity, with the exception of one sister, Elizabeth. The wife was pregnant at the time of making the will, though unknown to the testator. Afterwards this child was born, and died in the life-time of its mother. The... |
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Cases |
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| Watts v. Clardy |
2 Fla. 369, Supreme Court of Florida (January 01, 1848) |
1848 |
A deen using the terms have loaned to A. during her natural life, and after her death hath given unto the heirs of her body which shall survive her, to be equally divided amongst them: And a devise I lend unto my daughter A., during her natural life and after her decease to the heirs of her body, share and share about, were held as well by the... |
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Cases |
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| Weatherby v. Covington |
34 S.C.L. 27, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
It is not necessary to a levy that the sheriff should actually seize and keep possession of the goods. It is sufficient if the goods be in the possession of the defendant and the sheriff, having the power to take them, with the consent of the defendant, indorse a levy on the execution. It is necessary to a levy that the sheriff should, by some... |
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Cases |
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| Weatherford v. Tate |
21 S.C.Eq. 27, Court of Appeals of Equity of South Carolina (January 01, 1848) |
1848 |
Where there was no disability on the part of the complainants, the lapse of time is a sufficient bar to an account of the administration of one who, as executor, had filed his return twenty-five years previous, and had been dead more than twenty years. It is a well settled rule, that a lapse of twenty years balances the account of all antecedent... |
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Cases |
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| Weatherhead v. Sewell |
28 Tenn. 272, Supreme Court of Tennessee (December 01, 1848) |
1848 |
This is an action of ejectment, in which the plaintiff claims title under the will of Anthony Bledsoe, deceased. This will was made and published by the testator in the county of Sumner, state of Tennessee, on the 21st day of July, 1788, and its execution attested by James Clendening, Thomas Murray, and Hugh Rogan, and it was duly proven and... |
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Cases |
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| Welch's Heirs v. Welch's Adm'r |
14 Ala. 76, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Orphans' Court of Dallas. |
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Cases |
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| Welsh v. Barrow |
3 La.Ann. 265, Supreme Court of Louisiana (March 01, 1848) |
1848 |
Appeal from the District Court of Terrebonne, Randall, J. |
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Cases |
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| Wharton v. Conger |
9 Smedes & M. 510, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
Two affidavits, each of which was sufficient in form, made before a justice of the peace, to procure an attachment for the same cause, and on which an attachment issued, will not be ground for quashing the attachment; the surplusage of a second affidavit will not vitiate the proceeding. An affidavit to procure an attachment, which stated that the... |
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Cases |
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| White v. Brown |
1 Wall.Jr.C.C. 217, Circuit Court, ED Pennsylvania (October 23, 1848) |
1848 |
This was a feigned issue directed by the court to settle the domicil, at different times, of Mathias Aspden, an eccentrick, hypochondriack and solitary bachelor, who, born in Philadelphia prior to the American Revolution, died in the city of London, in 1824, leaving a will, executed in Philadelphia in 1791, by which he gave to his heir at law, a... |
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Cases |
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| Whitesides v. Twitty |
8 Ired. 431, Supreme Court of North Carolina (August 01, 1848) |
1848 |
If the opinions given on the trial were erroneous, yet as the case is stated in the bill of exceptions, it is not in the power of the court to assist the defendants, and it is therefore unnecessary and improper to decide the question of evidence. From the nature of a bill of exceptions, as has been frequently declared by this court, it is incumbent... |
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Cases |
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| Whitfield v. Hurst |
9 Ired. 170, Supreme Court of North Carolina (December 01, 1848) |
1848 |
The propounder of a will of a married woman should properly file allegations in writing and on oath, setting forth the instrument or facts relied on, so as to put on the record such a case as would shew that the paper propounded might be the will of the party deceased, notwithstanding her coverture. In like manner the party contesting should put in... |
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Cases |
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| Wiley v. Parmer |
14 Ala. 627, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. |
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Cases |
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| Wilkins v. Judge |
14 Ala. 135, Supreme Court of Alabama (January 01, 1848) |
1848 |
Error to the Chancery Court of Butler. Before the Hon. A. Crenshaw, Chancellor. |
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Cases |
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| Wilkins v. Wells |
9 Smedes & M. 325, High Court of Errors and Appeals of Mississippi (January 01, 1848) |
1848 |
It was held to be the true construction of the statutes of this state on the subject of recording deeds, where all of its sections are considered together, that a deed attested by but a single witness may rightfully be admitted to record on proof by him and his oath that he saw the grantor sign, seal, and deliver it, and signed his name as a... |
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Cases |
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| Wilks's Adm'r v. Greer |
14 Ala. 437, Supreme Court of Alabama (June 01, 1848) |
1848 |
Error to the Orphans' Court of Greene. |
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Cases |
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| Williams v. Gregg |
21 S.C.Eq. 297, Court of Appeals of Equity of South Carolina (November 01, 1848) |
1848 |
The books of an agent, kept by himself, or those acting under him, are not, in general, evidence for him of the disbursement of money on account of his principal: he should prove his disbursements by strictly legal evidence.-Vide Bail. Eq. 226. An agent, accounting in Chancery, may discharge himself, by his affidavit, without voucher, when the... |
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Cases |
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| Williams v. Moseley |
2 Fla. 304, Supreme Court of Florida (January 01, 1848) |
1848 |
H. as principal and W. and C. as sureties, executed notes payable to B., as guardian of the heirs of F., upon the purchase by H. of lands belonging to the wards. B. the guardian died, and H. was appointed his successor, who, upon a settlement as guardian with the executor of B., his predecessor received among other things the note executed by... |
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Cases |
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| Williams v. Mosher |
6 Gill 454, Court of Appeals of Maryland (June 01, 1848) |
1848 |
The appellants were appointed executors and trustees under the will of J. M. who died on the 27th March, 1845. Held, that the commissions of these trustees were subject to the tax of ten per cent. in favor of the State, imposed by the act of 1844, ch. 187, though that act did not go into effect until the 2d June, 1845. The auditor allowed the... |
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Cases |
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| Williams v. State |
27 Tenn. 585, Supreme Court of Tennessee (April 01, 1848) |
1848 |
The defendant was indicted in the circuit court of Obion county for an assault with intent to ravish his daughter, Martha Jane Williams. He was found guilty by the jury, and sentenced to the penitentiary for ten years. He moved for a new trial, which was refused. He also moved in arrest of judgment, which motion was overruled, and he appealed to... |
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Cases |
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| Williams v. Wright |
28 Tenn. 493, Supreme Court of Tennessee (December 01, 1848) |
1848 |
It appears from the record in this case that in January, 1844, F. L. McDaniel, as principal, and the complainants Williams and Wynne as his sureties, made a note for $212, payable to David Johnson, which the latter assigned to the defendant Wright. Suit was brought upon said note in the circuit court of Sumner, against all the parties, and judgment... |
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Cases |
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| Willis' Ex'r v. Shepard |
2 Fla. 397, Supreme Court of Florida (January 01, 1848) |
1848 |
A judgment in favor of one execution creditor of an estate upon a rule against another execution creditor of the estate, determining the right of the parties to moneys in the hands of the Sheriff is irregular, such mode of proceeding not being authorized by Common Law or Statute. The proper course in such case is for each execution creditor to take... |
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Cases |
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| Winter v. U.S. |
Hempst. 344, District Court, D Arkansas (October 01, 1848) |
1848 |
Petition for the confirmation of a Spanish grant, determind in the district court of the United States for the district of Arkansas, under the act of congress of the 26th of May, 1824 (4 Stat. 52), before Benjamin JOHNSON, District Judge. The facts of the case are sufficiently stated in the opinion of the court. A translation of the concession... |
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Cases |
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| Wood v. Ashe |
34 S.C.L. 64, Court of Appeals of Law of South Carolina (May 01, 1848) |
1848 |
An implied warranty of soundness is not excluded by a written contract of sale, though it be a specialty and contain a warranty of title.Vide Wells v. Spears, 1 McCord, 421, and Hughes v. Banks, 1 McCord, 537. The general rule is that a warranty is not implied against defects which are obvious, or of which the purchaser is notified. But if,... |
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Cases |
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| Woodson v. State for Use of Borland |
17 Ohio 161, Supreme Court of Ohio, In Bank (December 01, 1848) |
1848 |
A declaration upon an administrator's bond, in a suit brought at the instance of a creditor, must aver a demand, or an excuse for the omission; an averment that the claim was allowed by the administrator, on presentation for that purpose, is not sufficient. |
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Cases |
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